I Got Injured While Assisting Kids at the Amusement Park I Work At. Can I Get Medical Compensation?
Workplace injuries are never pleasant, but what is often even more unpleasant is the aftermath. Loss of salary, medical expenses, and the ever-present potential of legal action can leave even the most optimistic worker in a difficult and confused state.
The good news is modern employment laws require employers to provide for the possibility of workplace accidents and make sure employees, customers, and the general public are properly protected.
If you are facing the aftermath of workplace injury, and especially if your employer’s business serves the general public, here are some things you should consider.
As an example, in California, all employers are required to contribute to something called Workman’s Compensation Insurance. Workman’s comp is designed to offset expenses incurred by any employee who is injured and either unable to work or who incurs significant medical bills as a result of their injury.
Workman’s Comp protection very often kicks in immediately after an injury so it may not be necessary for an employee to pursue their employer or seek legal action. Workman’s Comp insurance may cover most of the losses.
If your employer is large organization and especially if your employer is a publicly traded corporation, it is a virtual certainty they will carry some kind of liability insurance. While it is likely that it will not be possible for an employee to file a claim against an employer’s insurance company until such time as their workman’s comp case has been adjudicated or the coverage limits have been reached, it is always a good idea for you to avail yourself of any insurance information or policy likely to provide coverage. As an added level of protection, almost all companies will carry an umbrella liability policy in addition to any specific policies meant to guard against accidents or significant medical bills.
If you are planning to pursue legal action, it will be necessary for you to establish your employer was responsible for the accident. It will also be necessary, in many cases, for you to establish your employer was somehow negligent and that negligence led directly to your injury.
Generally speaking, legal action against an employer for any incident involving the normal course of employment is practically guaranteed to get at least an initial hearing. No case is guaranteed to be successful, but cases involving employees being injured on the job are very hard to dismiss on procedural grounds. This is one of the reasons why most employers carry numerous kinds of insurance in addition to Workman’s Comp. Shareholders and owners of private companies are not likely to be enthusiastic about their investment being consumed in the event of an accident that they could neither foresee nor prevent.
Recovering compensation, even if your injury is covered by Workman’s Comp or an insurance policy owned by your employer, is going to require a fair amount of effort on your part. It is always a good idea to document fully exactly what happened and to get the names and identification of any witnesses. If you have the opportunity, you should make full use of your mobile phone and its digital camera to take pictures of the surrounding vicinity. Get pictures of any injuries and make absolutely sure you have access to all the paperwork involved in your case, including any reports filed at the scene by employees, police, or medical personnel.
If you are later required to either substantiate your insurance claim or you are required to appear in court and pursue legal action against your employer, you have a much better chance of succeeding if you are carrying with you all of the documentation you gathered at the scene. The plaintiff able to document fully what took place weeks or months after it occurred is a plaintiff who has a far better chance of succeeding at trial. Someone who has only their own word and scant evidence to demonstrate an accident even occurred is less likely to win.
Amusement Park Employees
Is it possible to obtain compensation if you work at an amusement park and you were helping children at the time that you were injured? Absolutely. In fact, there are a wide variety of mechanisms in place to make absolutely sure that you don’t go without compensation. That said, you have to do some of the preparation and you have to do some of the homework yourself.
You should make sure your employer is carrying adequate Workman’s Compensation Insurance. You should verify that your employer has some form of liability insurance in the event that you are injured on the job, and you should also be certain you know the procedures for reporting an accident and documenting an accident.
Also be sure to study your employer’s policies. Ask your supervisor and forward your inquiries to the human resources department if necessary. If your company has a significant number of employees, there should be an office and an entire staff dedicated to answering employees’ questions about the various kinds of coverages, workplace injury policies, and how you can comply.
Also be sure to review your own insurance policies. It is possible your insurer will have some tips and pointers on how to minimize your liability if you find yourself injured at work. These are among your most important priorities if you want to prepare ahead of time.
It is very easy for details to get lost and for other individuals for whom your case is not a priority to not take the time necessary to understand the incident. The responsibility is yours if you want to make sure you are adequately compensated. You have to make sure you take the initiative and follow up and cover all of your bases ahead of time. This gives you the best chance of prevailing in either an insurance claim or if you have to institute legal action. It’s also good practice. What you really want to do is get back to work. Handling your injury or your incident properly is the best way to get there.